A. Anandhan v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH A. Anandhan ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Orathanadu Police Station, Thanjavur District.
(Crime No.763/2024).
... Respondent/Complainant For Petitioner : M/s.B.Anandan, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.763 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 08.11.2024 for the offences under Sections 4(1)(a) 4(1)(i) of TNP Act and subsequently altered to Section 4(1)(a) 4(1)(i) r/w Section 4(1-A)(i) of TNP Act in Crime No.763 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 48 bottles of 180 Ml TASMAC brandy. The petitioner was attempting to sell these bottles for higher rate.
3. Heard the learned Counsel appearing on either side.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire brandy bottles have been seized and the petitioner has suffered incarceration from 08.11.2024 and there are previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. Accordingly, the criminal original petition is ordered and the petitioner is 2/5
ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Orathanadu, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police every Monday and Friday at 05.30 p.m until further orders except on the days when the case is posted for hearing before the trial Court.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court 3/5
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 19/11/2024 / TRUE COPY / 19/11/2024 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE JUDICIAL MAGISTRATE, ORATHANADU 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3 THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR.
4. THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ANANDAN, Advocate ( SR-14206[I] dated 19/11/2024 ) 4/5
ORDER
IN CRL OP(MD) No.20044 of 2024 Date :19/11/2024 RK (19/11/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5